Terms of Service

 

Please read the following Terms of Service carefully. They explain the rules related to use of this site. WestSac.com strives to provide a fun and safe environment for the community. We want you to be comfortable recommending us to your friends and neighbors.

1. Registration

In registering with us, you agree to provide accurate, current and complete information, and to update us with any changes. If you do not, we may close your account. By completing and submitting the registration form, you are stating that you are at least 18 years old and that you agree to all of these Terms of Service.

You agree to not choose a username in an attempt to impersonate another member on this site or a resident in our community.

As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. If you find out that your password or account is being used by someone without your permission, or you discover any other security breach, you must notify us immediately. You are responsible for all acts that occur on your account.

2. Privacy

To maintain the goals of these Terms of Service, all information transmitted through WestSac.com may be reviewed at any time without prior permission of the sender and/or receiver(s). While we will do our best to keep all information private, information may be shared by other members. Further, please note that private messages are not always private and the content may be shared without the author’s consent. WestSac.com shall have no liability for any information shared.

We may send out e-mail to our members. You may opt-out of our mailing list. The only effective way to ensure you receive no e-mail from us is to close your account.

Like most web sites, we track site usage and generate aggregate reports to present to potential advertisers, investors, etc. While we do our utmost to safeguard your private information, please remember that privacy over the Internet cannot be guaranteed. Please keep this in mind when deciding what information to transmit or broadcast through this site.

3. Member Conduct

We reserve the right to monitor, edit, or remove any information, and to edit or remove any member from our system at any time, without notice, and at our sole discretion.

To help ensure that everyone’s experience at our site is a positive one, we have certain rules of conduct, which you must agree to follow in using our site. Violation of any of these rules can result in any actions deemed appropriate by the site moderator up to and including contacting law enforcement or the FCC without prior notice. These rules include, but are not limited to, the following:

Follow all local, state, national and international laws and regulations
Be responsible for all acts that occur under your account or password.
You also agree that:

You will not interfere with anyone’s use or enjoyment of our site. Name calling, threats (direct or implied), harassment, obscene or harmful content, foul language, bothering other members, etc. will not be tolerated. Please keep all conversations civil. We reserve the right to review, edit, or remove content that is not appropriate at our sole discretion, and to make changes to or delete your account(s) or any that appear related to you at our sole discretion.
You will not reveal the identity of another member, including but not limited to, name, telephone number, address, or other personal or private information. If someone wants to remain anonymous, please respect that person’s right.
You will not post the contents (verbatim or summarized) of a Private Message (or other private communication) you have received from another member without first obtaining their approval for such an action.
You will not abuse any system on this site for your gain or another member’s detriment. This includes using multiple accounts to defraud, trick, persuade, attack, or attempt to modify other people’s views or actions. Using multiple accounts in one discussion thread is not permitted. Using multiple accounts to bother another member or to refresh your Community Karma status is not permitted.
You will not post the same message to multiple discussion forums.
You will post messages in the appropriate forum.
You will not gratuitously “bump” discussion threads.
You will not spam people via the Private Message feature.
You will not type in all (or mostly) capital letters. In the online world, all caps is considered yelling. Also, using all caps makes your text harder to read.
If you are not a paying advertiser, you will not select a username that promotes your business or one you are affiliated with. Also, you will not post commercial information promoting your business or any other businesses (excluding referrals) outside of the area set aside for our advertisers. Posting of this information will result in the post being removed and may result in immediate termination of your account(s). If you would like to advertise your business to the community, please contact us.
Puppy sales and breeding services are only permitted by paid advertisers in that line of business.
You will not promote or refer a business if you are affiliated with that business; we consider that advertising. We reserve the right to limit the number of times any one business is referred by other members.
You will not use the site as a forum to post complaints about businesses regardless if these businesses sponsor/advertise on WestSac.com.
You will not post material inappropriate for a family site with visitors of all ages.
You will not copy, broadcast, distribute, or otherwise use any content provided on WestSac.com by others.
You will not engage in any extraction of data or data fields.
You will not provide false information on your registration form.
You will not copy audio content without the permission of all parties involved in the recording.
You will not post information that could be harmful to another member, a site administrator, or to WestSac.com itself. This includes posting links to competitive sites. If you have feedback regarding WestSac.com, please use our feedback form.
You will not post pictures identifying members without the express consent the members in the picture.
Member agreees and acknowledges that this website is solely owned and controlled by Instant Community, Inc. & WestSac.com, and the contents of any information posted here may be reviewed, edited, refused, or deleted at the sole discretion of Instant Community, Inc. without any liability, express or implied. Further, Instant Community, Inc., without duty of investigation or inquiry, may at its sole discretion, without notice, terminate or edit any member without cause and without any liability. Member agrees to indemnify Instant Community, Inc. for any court costs, legal fees, or judgments as they relate to these conditions.

4. Membership Adjustments and Termination

You agree that we may modify your account or close your account(s) and prevent you from using our site for violating this Terms of Service, or for any other reason, at any time, in our sole discretion, without prior notice to you. If you have multiple accounts, we reserve the right to edit or delete any or all of those accounts based on your actions under any one of the accounts.

5. Storage of Content

You agree that we are not responsible or liable for deleting, or failing to store, any content

6. Indemnification

You agree to indemnify, defend and hold harmless Instant Community, Inc., WestSac.com and its parent organizations, subsidiaries, affiliates, business partners, officers, employees, assigns,administrators, or successors from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney’s fees) asserted by any third party relating in any way to any use of our site or services, whether by your or by anyone other person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

7. Changes to this Terms of Service

From time to time we may make changes to this Terms of Service. By continuing to use our site after we have posted changes to this Terms of Service, you agree and accept the changes.

8. Proprietary Rights to Content

By transmitting any content to or through our site, you grant to WestSac.com, its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license to distribute, display, broadcast, or reproduce that content to other members of the site or to use or distribute that content in any manner that is not in violation of our Privacy Policy, and to authorize the downloading and printing of a single copy of the content by end-users for their individual use.

9. External Links

Our site may contain links to other sites. You agree that we do not endorse any other sites and are not liable for any loss or damages related to the content, products or services available through those sites. Further, we are not liable for any damage caused by or resulting from infections from viruses, worms, trojan horses, or other malicious computer program, whether infected from WestSac.com or an external link posted on WestSac.com. If you have any problems or concerns regarding other sites, please contact their site administrator or webmaster directly. If you post links, please ensure that the content is freely available on the destination site without requiring users to have to create an account there.

10. Refund Policy

All services are available to preview before purchase and are on pre-paid terms. After completion of your payment, once a service has been made available to you, no refunds for it will be given.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT, THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH WestSac.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. WestSac.com MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT DISTRIBUTED THROUGH ITS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WestSac.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WestSac.com MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WestSac.com MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH WestSac.com OR ADVERTISED THROUGH WestSac.com. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM WestSac.com OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND IF SO, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WestSac.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WestSac.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE WestSac.com OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU AGREE THAT WestSac.com IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE SERVICE. IF YOU BECOME AWARE OF SUCH BEHAVIOR, IT IS YOUR OBLIGATION TO NOTIFY WestSac.com IMMEDIATELY. IF YOU ARE DISSATISFIED WITH WestSac.com OR SERVICES OR THE CONTENT AVAILABLE THEREON, OR WITH ANY WestSac.com’S TERMS OF SERVICE, YOUR ONLY REMEDY IS TO DISCONTINUE USING WestSac.com. YOU AGREE THAT WestSac.com IS NOT RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL FROM WestSac.com OR SERVICES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT WestSac.com IS NOT LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THIS SITE OR ITS SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Miscellaneous

These Terms of Service are governed by and interpreted in accordance with the laws of the State of California and the United States, without regard to conflict of law provisions. You and WestSac.com agree to arbitrate any disputes with JAMS and according to the current rules and requirements in effect at the time arbitration is commenced. Further, you and WestSac.com agree to submit to arbitration in Sacramento, California. Further, the prevailing party is entitled to reasonable attorneys fees and costs. WestSac.com does not waive any right or provision in this Terms of Service by failing to exercise or enforce such right or provision. If any provision of this Terms of Service is found invalid, unlawful or unenforceable, such provision shall be interpreted to reflect the parties’ intentions as nearly as possible, and shall not affect the validity or enforceability of the remaining provisions.

14. Liquidated Damages

You agree that WestSac.com cannot easily fix the amount of damages. Therefore, WestSac.com has determined that the amount of damages for each and every violation of these terms of service is $1,000. You agree that this is a fair and reasonable amount. Further, you agree to pay these sums within ten (10) days of demand from WestSac.com, in addition to any attorneys fees. You agree that regardless of any statute or law to the contrary, any claim relating to WestSac.com or services, or this Terms of Service, must be commenced within one year after such claim arose or it is forever barred. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.